STATE AND DISTRICTWIDE ASSESSMENTS

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STATE AND DISTRICTWIDE ASSESSMENTS

Authorities: 34 CFR Parts 200 and 300; Texas Education Code; 19 TAC Chapters 74, 89, and 101

	FEDERAL AND STATE REQUIREMENTS
	PARTICIPATION IN STATE AND DISTRICTWIDE ASSESSMENTS
Practice	All children with disabilities are included in all general state and districtwide assessment programs, including assessments described under the Elementary and Secondary Education Act (ESSA), with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs (IEPs). Citations: 300.160(a)
	ACCOMMODATION GUIDELINES
Practice	The Texas Education Agency (TEA), or in the case of a districtwide assessment, the local education agency (LEA), will develop guidelines for the provision of appropriate accommodations. Citations: 300.160(b)(1)
Practice	The TEA's, or in the case of a districtwide assessment, the LEA's, guidelines will: Citations: 300.160(b)(2)
Practice	Identify only those accommodations for each assessment that do not invalidate the score; and Citations: 300.160(b)(2)(i)
Practice	Instruct the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE to select, for each assessment, only those accommodations that do not invalidate the score. Citations: 300.160(b)(2)(ii)
Document	An ADMISSION, REVIEW, AND DISMISSAL COMMITTEE may determine that the administration of an assessment instrument in paper format is a necessary modification for a child, regardless of the maximum number of paper format assessment instruments permitted by the TEA. Citations: TEC 39.02342(c)
	ALTERNATE ASSESSMENTS
Practice	If the TEA has adopted alternate academic achievement standards for children with the most significant cognitive disabilities as permitted by the ESSA, the TEA or, in the case of a districtwide assessment, an LEA, will develop and implement alternate assessments and guidelines for the participation of those children with disabilities who cannot participate in general assessments, even with accommodations, as indicated in their respective IEPs. Citations: 300.160(c)(1) 200.1(d) TEC 39.023(b)
Practice	Alternate assessments and guidelines will: Citations: 300.160(c)(2)
Practice	Be aligned with the challenging state academic content standards and alternate academic achievement standards under the ESSA; and Citations: 300.160(c)(2)(i)
Practice	Measure the achievement of children with disabilities who are children with the most significant cognitive disabilities against those standards. Citations: 300.160(c)(2)(ii)
Practice	The TEA, or in the case of a districtwide assessment, the LEA, will: Citations: 300.160(d)
Practice	Provide the admission, review, and dismissal (ARD) committee with a clear explanation of the differences between assessments based on grade-level academic achievement standards and those based on alternate academic achievement standards, including any effects of the TEA or LEA policies on the child's education resulting from taking an alternate assessment based on alternate academic achievement standards, such as how participation in such assessments may delay or otherwise affect the child from completing the requirements for a regular high school diploma; and Citations: 300.160(d)(1)
Practice	Not preclude the child who takes an alternate assessment aligned with alternate academic achievement standards from attempting to complete the requirements for a regular high school diploma. Citations: 300.160(d)(2)
Practice	The TEA, or in the case of a districtwide assessment, the LEA, will ensure that parents of children selected to be assessed with an alternate state or districtwide assessment are informed: Citations: 300.160(e)
Practice	That their child's achievement will be measured based on alternate academic achievement standards; and Citations: 300.160(e)
Practice	Of how participation in such assessments may delay or otherwise affect the child from completing the requirements for a regular high school diploma. Citations: 300.160(e) 200.2(e)
	ASSESSMENT REQUIREMENTS FOR GRADUATION
Document	For the child in grades 9-12, the ARD committee will determine whether the child is required to achieve satisfactory performance on the end-of-course assessment instruments to receive a high school diploma. Citations: 101.3023(a) 74.1025(n) TEC 39.025(a-4)
	IEP DOCUMENTATION
Document	The ARD committee will include a statement in the child's IEP of the individualized appropriate and allowable accommodations that are necessary to measure the academic achievement and functional performance of the child on any state or districtwide assessment. Citations: 89.1055(b) 101.3013(b) TEC 39.023(a)-(c) 300.320(a)(6)(i)
Document	If the ARD committee determines that the child will take an alternate assessment on a particular state or districtwide assessment, the IEP will include a statement of why: Citations: 89.1055(b) 300.320(a)(6)(ii)
Document	The child cannot participate in the general assessment; and Citations: 89.1055(b)(1) 300.320(a)(6)(ii)(A)
Document	The particular alternate assessment selected is appropriate for the child. Citations: 89.1055(b)(2) 300.320(a)(6)(ii)(B)
Practice	For the English learner (EL), the ARD committee in conjunction with the language proficiency assessment committee (LPAC) will: Citations: 89.1203(7) 101.1005
Document	Select the appropriate assessments; Citations: 101.1005(a)
Document	Document the decisions and justifications in the child's IEP; and Citations: 101.1005(a)
Document	Determine and document any allowable testing accommodations. Citations: 101.1005(e)
	ANNUAL ASSESSMENT OF ENGLISH LANGUAGE PROFICIENCY
Practice	The LEA will annually administer state-identified English language proficiency assessments to an English Learner who is in kindergarten through grade 12 in the areas of listening, speaking, reading, and writing. Citations: 101.1003(a) 89.1203(7)
Practice	In rare cases, the ARD committee in conjunction with the LPAC may determine that it is not appropriate for an EL who receives special education services to participate in the general English language proficiency assessment for reasons associated with the child's particular disability. Citations: 101.1003(b)
Document	A child with the most significant cognitive disabilities who cannot participate in the general English language proficiency assessment, even with allowable accommodations, will participate in the alternate English language proficiency assessment. Citations: 101.1003(b)(1)
Document	If the ARD committee and the LPAC determine that it is not appropriate for the child to participate in the general English language proficiency assessment for reasons associated with the child's particular disability, the ARD committee will document the decisions and justifications in the child's IEP. Citations: 101.1003(b)(2)
Document	For the EL who receives special education services, the ARD committee in conjunction with the LPAC will determine the need for allowable testing accommodations. Citations: 101.1003(c)

Last Updated : Tue, Mar 26, 2024

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Texas Education Code § 39.023. Adoption and Administration of Instruments.

(a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, mathematics, social studies, and science. Except as provided by Subsection (a-2), all students, other than students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through eight;
(2) reading, annually in grades three through eight;
(3) social studies, in grade eight;
(4) science, in grades five and eight; and
(5) any other subject and grade required by federal law.

(a-1) The agency shall develop assessment instruments required under Subsection (a) in a manner that allows, to the extent practicable:
(1) the score a student receives to provide reliable information relating to a student's satisfactory performance for each performance standard under Section 39.0241; and
(2) an appropriate range of performances to serve as a valid indication of growth in student achievement.

(a-2) Except as required by federal law, a student is not required to be assessed in a subject otherwise assessed at the student's grade level under Subsection (a) if the student:
(1) is enrolled in a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted or developed under Subsection (a) that aligns with the curriculum for the course in which the student is enrolled; or
(2) is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument adopted under Subsection (c) for the course.

(a-3) The agency may not adopt or develop a criterion-referenced assessment instrument under this section based on common core state standards as defined by Section 28.002(b-1). This subsection does not prohibit the use of college advanced placement tests or international baccalaureate examinations as those terms are defined by Section 28.051.

(a-4) For purposes of Subsection (a)(1), the State Board of Education by rule may designate sections of a mathematics assessment instrument for a grade level that:
(1) may be completed with the aid of technology; and
(2) must be completed without the aid of technology.

(a-5)-(a-10) Expired.

(a-11) Before an assessment instrument adopted or developed under Subsection (a) may be administered under that subsection, the assessment instrument must, on the basis of empirical evidence, be determined to be valid and reliable by an entity that is independent of the agency and of any other entity that developed the assessment instrument.

(a-12) An assessment instrument adopted or developed under Subsection (a) may not have more than three parts. A part of an assessment instrument must be designed so that:
(1) if administered to students in grades three and four, 85 percent of students will be able to complete that part within 60 minutes; and
(2) if administered to students in grades five through eight, 85 percent of students will be able to complete that part within 75 minutes.

(a-13) The amount of time allowed for administration of an assessment instrument adopted or developed under Subsection (a) may not exceed eight hours, and the administration may occur in multiple parts over more than one day.

(a-14) Subsections (a-12) and (a-13) do not apply to the administration of assessment instruments for a grade level if, as a result of the time restriction imposed, the assessment instrument no longer:
(1) complies with federal law; or
(2) is valid and reliable, based on findings and recommendations made by the advisory committees established under Section 39.02302.

(a-15) Subsections (a-12) and (a-13) do not apply to a classroom portfolio method used to assess writing performance.

(a-16) An assessment instrument under this section may not be administered to a kindergarten student except for the purpose of determining whether the student is entitled to the benefit of the Foundation School Program as provided under this code.

(b) The agency shall develop or adopt appropriate criterion-referenced alternative assessment instruments to be administered to each student in a special education program under Subchapter A, Chapter 29, for whom an assessment instrument adopted under Subsection (a), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's admission, review, and dismissal committee, including assessment instruments approved by the commissioner that measure growth. The assessment instruments developed or adopted under this subsection, including the assessment instruments approved by the commissioner, must, to the extent allowed under federal law, provide a district with options for the assessment of students under this subsection. The agency may not adopt a performance standard that indicates that a student's performance on the alternate assessment does not meet standards if the lowest level of the assessment accurately represents the student's developmental level as determined by the student's admission, review, and dismissal committee.

(b-1) The agency, in conjunction with appropriate interested persons, shall redevelop assessment instruments adopted or developed under Subsection (b) for administration to significantly cognitively disabled students in a manner consistent with federal law. An assessment instrument under this subsection may not require a teacher to prepare tasks or materials for a student who will be administered such an assessment instrument. A classroom portfolio method used to assess writing performance may require a teacher to prepare tasks and materials.

(c) The agency shall also adopt end-of-course assessment instruments for secondary-level courses in Algebra I, biology, English I, English II, and United States history. The Algebra I end-of-course assessment instrument must be administered with the aid of technology, but may include one or more parts that prohibit the use of technology. The English I and English II end-of-course assessment instruments must each assess essential knowledge and skills in both reading and writing and must provide a single score. A school district shall comply with State Board of Education rules regarding administration of the assessment instruments listed in this subsection. If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection. The State Board of Education shall administer the assessment instruments. An end-of-course assessment instrument may be administered in multiple parts over more than one day. The State Board of Education shall adopt a schedule for the administration of end-of-course assessment instruments that complies with the requirements of Subsection (c-3).

(c-1) The agency shall develop any assessment instrument required under this section in a manner that allows for the measurement of annual improvement in student achievement as required by Sections 39.034(c) and (d).

(c-2) The agency may adopt end-of-course assessment instruments for courses not listed in Subsection (c). A student's performance on an end-of-course assessment instrument adopted under this subsection is not subject to the performance requirements established under Subsection (c) or Section 39.025.

(c-3) Except as provided by Subsection (c-7) or as otherwise provided by this subsection, in adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall ensure that assessment instruments administered under Subsection (a) or (c) are not administered on the first instructional day of a week. On request by a school district or open-enrollment charter school, the commissioner may allow the district or school to administer an assessment instrument required under Subsection (a) or (c) on the first instructional day of a week if administering the assessment instrument on another instructional day would result in a significant administrative burden due to specific local conditions.

(c-4) To the extent practicable and subject to Section 39.024, the agency shall ensure that each end-of-course assessment instrument adopted under Subsection (c) is:
(1) developed in a manner that measures a student's performance under the college readiness standards established under Section 28.008; and
(2) validated by national postsecondary education experts for college readiness content and performance standards.

(c-5) A student's performance on an end-of-course assessment instrument required under Subsection (c) must be included in the student's academic achievement record.

(c-6) In adopting an end-of-course assessment instrument under this section, the agency shall consider the use of an existing assessment instrument that is currently available. The agency may use an existing assessment instrument that is currently available only if the assessment instrument:
(1) is aligned with the essential knowledge and skills of the subject being assessed; and
(2) allows for the measurement of annual improvement in student achievement as provided by Subsection (c-1).

(c-7) Subsection (c-3) does not apply to a classroom portfolio method used to assess writing performance if student performance under that method is less than 50 percent of a student's overall assessed performance in writing.

(c-8) Beginning with the 2022-2023 school year, not more than 75 percent of the available points on an assessment instrument developed under Subsection (a) or (c) may be attributable to questions presented in a multiple choice format.

(c-9) The United States history end-of-course assessment instrument adopted under Subsection (c) must include 10 questions randomly selected by the agency from the civics test administered by the United States Citizenship and Immigration Services as part of the naturalization process under the federal Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.). The agency shall:
(1) ensure that the questions included in the assessment instrument align with the essential knowledge and skills adopted for the United States history course for which the instrument is administered; and
(2) annually issue a report:
(A) providing the questions included in the assessment instrument under this subsection and the answers to those questions; and
(B) detailing student performance on the questions included in the assessment instrument under this subsection, both statewide and disaggregated by school district and campus.
. . .

Last Amended: 86th Leg., Ch. 1315 (H.B. 3906), Sec. 2, eff. September 1, 2019
86th Leg., Ch. 1315 (H.B. 3906), Sec. 3, eff. September 1, 2019
86th Leg., Ch. 1282 (H.B. 1244), Sec. 1, June 14, 2019
87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(10), eff. September 1, 2021
87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 18, eff. September 1, 2021
87th Leg., R.S., Ch. 1003 (H.B. 3261), Sec. 4, eff. June 18, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 101.1005. Assessments of Achievement in Academic Content Areas and Courses.

(a) The language proficiency assessment committee (LPAC) shall select the appropriate assessment option for each English language learner (ELL) in accordance with this subchapter. For each ELL who receives special education services, the student's admission, review, and dismissal (ARD) committee in conjunction with the student's LPAC shall select the appropriate assessments. The LPAC shall document the decisions and justifications in the student's permanent record file, and the ARD committee shall document the decisions and justifications in the student's individualized education program. Assessment decisions shall be made on an individual student basis and in accordance with administrative procedures established by the Texas Education Agency (TEA).

(b) Except as provided by subsection (c) of this section, an ELL shall participate in the Grades 3-8 and end-of-course assessments as required by the Texas Education Code (TEC), §39.023(c). Except as specified in paragraphs (1)-(3) of this subsection, an ELL shall be administered the general form of the English-version state assessment.
(1) A Spanish-speaking ELL in Grades 3-5 may be administered the state's Spanish-version assessment if an assessment in Spanish will provide the most appropriate measure of the student's academic progress.
(2) An ELL in Grade 3 or higher may be administered the linguistically accommodated English version of the state's mathematics, science, or social studies assessment if:
(A) a Spanish-version assessment does not exist or is not the most appropriate measure of the student's academic progress;
(B) the student has not yet demonstrated English language proficiency in reading as determined by the assessment under §101.1003 of this title (relating to English Language Proficiency Assessments); and
(C) the student has been enrolled in U.S. schools for three school years or less or qualifies as an unschooled asylee or refugee enrolled in U.S. schools for five school years or less.
(3) In certain cases, an ELL who receives special education services may, as a result of his or her particular disabling condition, qualify to be administered an alternative assessment instrument based on alternative achievement standards.

(c) In accordance with the TEC, §39.027(a), an unschooled asylee or refugee who meets the criteria of paragraphs (1)-(3) of this subsection shall be granted an exemption from an administration of an assessment instrument under the TEC, §39.023(a), (b), or (l). This exemption will only apply during the school year an unschooled asylee or refugee is first enrolled in a U.S. public school. An unschooled asylee or refugee is a student who:
(1) enrolled in a U.S. school as an asylee as defined by 45 Code of Federal Regulations §400.41 or a refugee as defined by 8 United States Code §1101;
(2) has a Form I-94 Arrival/Departure record, or a successor document, issued by the United States Citizenship and Immigration Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
(3) as a result of inadequate schooling outside the United States, lacks the necessary foundation in the essential knowledge and skills of the curriculum prescribed under the TEC, §28.002, as determined by the LPAC.

(d) For purposes of LPAC determinations in subsection (c) of this section, inadequate schooling outside the United States is defined as little or no formal schooling outside the United States such that the asylee or refugee lacked basic literacy in his or her primary language upon enrollment in school in the United States.

(e) The LPAC shall, in conjunction with the ARD committee if the ELL is receiving special education services under the TEC, Chapter 29, Subchapter A, determine and document any allowable testing accommodations for assessments under this section in accordance with administrative procedures established by the TEA.

(f) An ELL whose parent or guardian has declined the services required by the TEC, Chapter 29, Subchapter B, is not eligible for special assessment, accommodation, or accountability provisions made available to ELLs on the basis of limited English proficiency.

(g) School districts may administer the assessment of academic skills in Spanish to a student who is not identified as limited English proficient but who participates in a bilingual program if the LPAC determines the assessment in Spanish to be the most appropriate measure of the student's academic progress.

(h) Policies for including the academic performance of an ELL in state and federal accountability measures, which will take into account the second language acquisition developmental needs of this student population, shall be delineated in the official TEA publications required by Chapter 97 of this title (relating to Planning and Accountability).

Last Amended: March 27, 2013, 38 TexReg 1972
Entered: July 8, 2013
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